Services
Certificate of inheritance and estate: what to do after a death
After a death, the relatives face many tasks. We tell you what is really necessary and take care of it for you if you wish.
First steps
- A will that has been found must be delivered to the probate court (Nachlassgericht) without delay (§ 2259 BGB). The court opens it and informs the parties involved.
- Check whether the estate might be over-indebted. Usually only six weeks remain for disclaiming.
- Report the death to the tax office for inheritance tax, as a rule within three months (§ 30 ErbStG).
Do you need a certificate of inheritance?
The certificate of inheritance (Erbschein) proves who the heir is (§ 2353 BGB). If there is a notarial will or an inheritance contract together with the record of its opening, this is often sufficient for the land registry and banks. With a handwritten will or statutory succession, on the other hand, it is usually needed. The competent court is the probate court at the deceased's last habitual residence; for the district of Erding, this is the Amtsgericht Erding. Where there is a foreign connection, a European Certificate of Succession may be useful.
Will unclear?
Many handwritten wills leave questions open. Who is the heir, who receives only a particular item, does a clause still apply? We interpret the will and represent you in the certificate of inheritance proceedings, even if other parties object or testamentary capacity is called into question.
Correcting the land register: If the estate includes a property, the heirs must have the land register (Grundbuch) corrected. If you file the application within two years of the death, the entry is free of charge.
How we proceed
We clarify which proofs you need, prepare the application for the certificate of inheritance, deal with banks, insurers and the land register, and keep an eye on deadlines and tax. If you wish, we handle the entire settlement as executor or as the heirs' authorised representatives.